injunction

Querist : Anonymous (Querist) 17 November 2010 This query is : Resolved
Dear Sir,

I had purchased a house 3 yrs back having common dividing wall with the adjacent house. The neighbourer raised the common wall utilising the full 9 inch wall instead of using only half of it. I have filed a suit for permainent and mandatory injuction to get the portion of the built wall removed. In support of my case I have filed compliant made to police athte time of consturction of wall, photos of the already built wall( I could not take the photos at the time of building it), documents of my property which does not describe lenght and breadth of house but only talkd about the area of the land. the defendent took the defence that he only repaired the wall and it was already existing. Further, he said that whole 9 inches wall comes under his area though he failed to file his property document to establish it. Defendent through witnesses proved that he purchased his portion of property about 15 years earlier before my purchase of the adjacent house. He also tried to prove that he did nt make any new construction but only repaired the already existing wall. I tried to prove throgh my witness that portion f the wall was built now. whether my case is strong enough? No local commissioner to mesaure the properties was appointed by the court.

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Devajyoti Barman (Expert) 17 November 2010
Pray for appointment of survey passed commissioner so that the court can apply its personal vision to adjudicate this dispute.

M.Sheik Mohammed Ali (Expert) 17 November 2010
best go for appointment of survey commissioner, I agree mr. barman

Dineshwar Singh Kaushik (Expert) 17 November 2010
Without survey knowing commissioner report the court cannot apply its personal view to adjudicate the dispute , so I do agree with Mr. Barman's suggestion .